Arrest and Imprisonment ordered by the Bilbao Provincial Court

Two documents coexist in this piece: the resolution ordering imprisonment for non-location, and the police report recording the detainee's address. The distance between the two is the object of this annex.

The documented facts

• 3 January 2019: the Bilbao Provincial Court — the court called to try him — orders the arrest and imprisonment of the accused. Basis invoked: non-location.
• The police report of the action records Apolozan's address.
• The measure was later set aside: the accused regained his liberty before the hearing and did not attend the trial from prison.
• 31 January and 18 February 2019: the oral trial is held (A.39.3).

The precedents of the same basis

Non-location had already grounded an arrest in 2017, set aside the same day by Court No. 7 of Alicante (A.13). In parallel, the provincial notifications were delivered to the Bilbao address (A.7) and the tax returns were on record as filed with a complete address (A.65).

The chain, in dates

→ 23-9-2017 — first arrest for "non-location"; the Alicante court sets it aside the same day (A.13) → 3-1-2019 — the Court that is to try him orders arrest and imprisonment, on the same basis; the police report records the address (DOC-0139) → (weeks later) — the measure is set aside: the accused reaches the hearing at liberty → 31-1-2019 — the trial begins before that same court (A.18)

What the measure produced, even though set aside

A deprivation of liberty ordered by the sentencing court itself, on the eve of the hearing, on a basis the police document of the same action contradicts, deploys its effects even if it later ceases: it subjects the accused to arrest and imprisonment weeks before being tried by that same court. Article 6 of the European Convention on Human Rights requires, in addition to impartiality, its appearance — and to that examination belongs this sequence of facts, invoked before the higher and European bodies (A.30, A.32, A.39).

What the original case file reveals about this measure

The January arrest was not an isolated act: the case file documents that on 30-10-2018 the Basque Government — the administration Apolozan denounced in 2012 (A.12) — requested in writing the national arrest warrant and the European Arrest Warrant (DOC-0145), that the Prosecutor sought it, that INTERPOL was activated on 30-11-2018 (DOC-0146) and that the only municipal-register query in the file was made about a third person — never about the "untraceable" man whose address the AEAT had been certifying since May 2018 (DOC-0226).

How to verify it

Compare the basis of the resolution with the address field of the police report, and the dates of the measure with those of the trial. Both documents make up this annex; the comparison requires no legal knowledge.

Contrast with the original file

The police record informing the detainee — report 134/19, Alicante, 3-1-2019 — is in Bilbao Original (DOC-0139): the arrest document of the man recorded as "untraceable", found in his usual environment.